[Federal Register Volume 82, Number 233 (Wednesday, December 6, 2017)]
[Notices]
[Pages 57581-57583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26295]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-844]


Steel Concrete Reinforcing Bar From Mexico: Preliminary Results 
of Antidumping Duty Administrative Review and Preliminary Determination 
of No Shipments; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: In response to requests from interested parties, the 
Department of Commerce (the Department) is conducting an administrative 
review of the antidumping duty order on steel concrete reinforcing bar 
(rebar) from Mexico, covering the period November 1, 2015, through 
October 31, 2016. The review covers one mandatory respondent, Deacero 
S.A.P.I de C.V. (Deacero), and 12 non-selected companies. We 
preliminarily determine that Deacero did not make sales of subject 
merchandise at less than normal value during the period of review 
(POR). Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable December 6, 2017.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-3692.

Background

    On January 13, 2017, the Department published a notice of 
initiation of an administrative review of the antidumping order on 
rebar from Mexico.\1\ The Department initiated this administrative 
review covering 13 companies.\2\ On July 11, 2017, the Department 
issued a memorandum extending the time period for issuing the 
preliminary results of the instant administrative review from August 2, 
2017 to October 2, 2017.\3\ On September 25, 2017, the Department fully 
extended the deadline to November 30, 2017.\4\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 294 (January 13, 2017).
    \2\ We initiated a review of the following 13 companies: Deacero 
S.A.P.I. de C.V.; Grupo Acerero S.A. de C.V.; Grupo Simec Orge S.A. 
de C.V.; Industrias CH; Ternium Mexico, S.A. de C.V.; ArcelorMittal 
Lazaro Cardenas S.A. de C.V.; Cia Siderurgica De California S.A. de 
C.V.; Siderurgica Tultitlan S.A. de C.V.; Talleres y Aceros, S.A. de 
C.V.; Grupo Villacero S.A. de C.V.; AceroMex S.A.; ArcelorMittal 
Celaya, S.A. de C.V.; and ArcelorMittal Cordoba S.A. de C.V.
    \3\ See Memorandum, titled ``Steel Concrete Reinforcing Bar from 
Mexico: Extension of Deadline for Preliminary Results of Antidumping 
Duty Administrative Review, 2015-2016,'' dated July 11, 2017.
    \4\ See Memorandum, titled ``Steel Concrete Reinforcing Bar from 
Mexico: Extension of Deadline for Preliminary Results of Antidumping 
Duty Administrative Review, 2015-2016,'' dated September 25, 2017.
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Scope of the Order

    Imports covered by the order are shipments of steel concrete 
reinforcing bar imported in either straight length or coil form (rebar) 
regardless of metallurgy, length, diameter, or grade. The merchandise 
subject to review is currently classifiable under items 7213.10.0000, 
7214.20.0000, and 7228.30.8010. The subject merchandise may also enter 
under other Harmonized Tariff Schedule of the United States (HTSUS) 
numbers including 7215.90.1000, 7215.90.5000, 7221.00.0017, 
7221.00.0018, 7221.00.0030, 7221.00.0045, 7222.11.0001, 7222.11.0057, 
7222.11.0059, 7222.30.0001, 7227.20.0080, 7227.90.6085, 7228.20.1000, 
and 7228.60.6000. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
merchandise subject to the order is dispositive.\5\
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    \5\ For a full description of the scope of the order, see the 
``Decision Memorandum for the Preliminary Results of Antidumping 
Duty Administrative Review: Steel Concrete Reinforcing Bar from 
Mexico; 2015-2016,'' dated concurrently with, and hereby adopted by 
this notice (Preliminary Decision Memorandum).

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[[Page 57582]]

Preliminary Determination of No Shipments

    On January 19, 2017, Grupo Simec and Orge S.A. de C.V. (Grupo 
Simec) stated that it had no exports or sales, and no entries for 
consumption of subject merchandise into the United States during the 
POR. On February 12, 2017, ArcelorMittal Lazaro Cardenas, SA. de CV. 
(which became ArcelorMittal Mexico, S.A, de CV. on March 31, 2014), 
ArcelorMittal Celaya, SA. de CV., and ArcelorMittal Cordoba, SA. de CV. 
(collectively, Arcelor Mittal) submitted a no shipment letter 
certification. In response to the non-shipment claims of Grupo Simec 
and Arcelor Mittal, the Department issued a no-shipment inquiry to U.S. 
Customs and Border Protection (CBP) requesting that it review Grupo 
Simec's and Arcelor Mittal's no-shipment claims. CBP did not report 
that it had any information to contradict these claims of no shipments 
during the POR.
    Given that Grupo Simec and Arcelor Mittal certified that they made 
no shipments of subject merchandise to the United States during the 
POR, and there is no information calling their claims into question, we 
preliminarily determine that Grupo Simec and Arcelor Mittal did not 
have any reviewable transactions during the POR. Consistent with the 
Department's practice, we will not rescind the review with respect to 
Grupo Simec and Arcelor Mittal but, rather, will complete the review 
and issue instructions to CBP based on the final results.\6\
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    \6\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306, 
51307 (August 28, 2014).
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(1) and (2) of the Tariff Act of 1930, as amended (the Act). 
Constructed export price or export price is calculated in accordance 
with section 772 of the Act. Normal value is calculated in accordance 
with section 773 of the Act. For a full description of the methodology 
underlying our preliminary results, see the Preliminary Decision 
Memorandum dated concurrently with this notice and hereby adopted by 
this notice. The Preliminary Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and is available to all parties in the Central Records 
Unit, Room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the 
electronic version of the Preliminary Decision Memorandum are identical 
in content.

Preliminary Results of the Review

    As a result of this review, we preliminarily calculated a dumping 
margin of zero percent for Deacero. We are applying to the non-selected 
companies the rates calculated for the mandatory respondent in these 
preliminary results, as referenced below.\7\
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    \7\ See Albemarle Corp. & Subsidiaries v. United States, 821 
F.3d 1345 (Fed. Cir. 2016).

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                Producer and/or exporter                  dumping margin
                                                             (percent)
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Deacero.................................................            0.00
Industrias CH...........................................            0.00
Ternium Mexico, S.A. de C.V.............................            0.00
Cia Siderurgica De California, S.A. de C.V..............            0.00
Grupo Acerero S.A. de C.V...............................            0.00
AceroMex S.A............................................            0.00
Siderurgica Tultitlan S.A. de C.V.......................            0.00
Talleres y Aceros, S.A. de C.V..........................            0.00
Grupo Villacero S.A. de C.V.............................            0.00
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Assessment Rate

    Upon issuance of the final results, the Department shall determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\8\ If the 
weighted-average dumping margin for Deacero is not zero or de minimis 
(i.e., less than 0.5 percent), we will calculate importer-specific ad 
valorem antidumping duty assessment rates based on the ratio of the 
total amount of dumping calculated for the importer's examined sales to 
the total entered value of those same sales in accordance with 19 CFR 
351.212(b)(1). We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review when the importer-specific 
assessment rate calculated in the final results of this review is not 
zero or de minimis. Where either the respondent's weighted-average 
dumping margin is zero or de minimis, or an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping 
duties.\9\ The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review where applicable.
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    \8\ See 19 CFR 351.212(b).
    \9\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012); 19 CFR 351.106(c)(2).
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    In accordance with the Department's ``automatic assessment'' 
practice, for entries of subject merchandise during the POR produced by 
each respondent for which they did not know that their merchandise was 
destined for the United States, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction. We intend to 
issue instructions to CBP 15 days after publication of the final 
results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for respondents 
noted above will be zero; (2) for merchandise exported by producers or 
exporters not covered in this administrative review but covered in a 
prior segment of the proceeding, the cash deposit rate will continue to 
be the company-specific rate published for the most recently completed 
segment of this proceeding; (3) if the exporter is not a firm covered 
in this review, a prior review, or the original investigation, but the 
producer is, the cash deposit rate will be the rate established for the 
most recently completed segment of this proceeding for the producer of 
the subject merchandise; and (4) the cash deposit rate for all other 
producers or exporters will continue to be 20.58 percent, the all-
others rate established in the

[[Page 57583]]

antidumping investigation.\10\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \10\ See Steel Concrete Reinforcing Bar from Mexico: Final 
Determination of Sales at Less Than Fair Value and Final Affirmative 
Determination of Critical Circumstances, 79 FR 54967 (September 15, 
2014).
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Disclosure and Public Comment

    The Department will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\11\ 
Pursuant to 19 CFR 351.309(c), interested parties may submit cases 
briefs not later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than five days after the date for filing case 
briefs.\12\ Parties who submit comments are requested to submit: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\13\ All briefs must be filed electronically using 
ACCESS. An electronically filed document must be received successfully 
in its entirety by the Department's electronic records system, ACCESS.
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    \11\ See 19 CFR 351.224(b).
    \12\ See 19 CFR 351.309(d).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system, and an electronically filed request must be 
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern 
Standard Time, within 30 days of publication of this notice.\14\ 
Requests should contain the party's name, address, and telephone 
number, the number of participants, and a list of the issues to be 
discussed. If a request for a hearing is made, we will inform parties 
of the scheduled date for the hearing which will be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230, at a time and location to be determined.\15\ Parties should 
confirm by telephone the date, time, and location of the hearing two 
days before the scheduled date.
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    \14\ See 19 CFR 351.310(c).
    \15\ See 19 CFR 351.310.
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 213(h)(2), the Department will issue the final 
results of this administrative review, including the results of our 
analysis of the issues raised by the parties in their case briefs, 
within 120 days after issuance of these preliminary results.\16\
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    \16\ See section 75l(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and increase the 
subsequent assessment of the antidumping duties by the amount of 
antidumping duties reimbursed.

Notification to Interested Parties

    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: November 30, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Extension of Preliminary Results
4. Scope of the Order
5. Duty Absorption
6. Allegation of Particular Market Situation
7. Margin for Companies Not Selected for Individual Examination
8. Preliminary Determination of No Shipments
9. Discussion of Methodology
    Date of Sale
    Comparisons to Normal Value
    Product Comparisons
    Determination of Comparison Method
    Results of the Differential Pricing Analysis
    Constructed Export Price
    Normal Value
    A. Home Market Viability
    B. Level of Trade
    C. Sales to Affiliated Customers
    D. Cost of Production Analysis
    1. Calculation of Cost of Production (COP)
    2. Test of Home Market Prices
    3. Results of the COP Test
    E. Calculation of Normal Value Based on Comparison Market Prices
    F. Currency Conversion
    Currency Conversion
10. Recommendation

[FR Doc. 2017-26295 Filed 12-5-17; 8:45 am]
BILLING CODE 3510-DS-P